Constitution

Madagascar 2010 Constitution

Table of Contents

TITLE VII. TRANSITIONAL AND DIVERSE PROVISIONS

Article 164

This Constitution will be adopted by referendum. It will enter into force from its promulgation by the President of the High Authority of the Transition, within the ten days following the proclamation of the definitive results of the referendum by the High Constitutional Court.

Article 165

The legislation in force remains applicable in all the provisions non-contrary to this Constitution.

The texts with a legislative character relative to the establishment of the institutions and organs, as well as the other laws of application specified by this Constitution will be taken by way of ordinance.

Article 166

Until the progressive establishment of the institutions specified by this Constitution, the Institutions and the organs specified for the period of the Transition continue to exercise their functions.

The Superior Council of the Transition and the Congress of the Transition cease their functions from the election of the Bureau of the new National Assembly.

While waiting for the establishment of the Senate, the National Assembly has the plenitude of the legislative power.

Until the investiture of the new President of the Republic, the current President of the High Authority of the Transition continues to exercise the functions of Head of the State.

In the case of vacancy of the Presidency, for any cause whatsoever, the functions of Head of State are exercised jointly by the Prime Minister, the President of the Superior Council of the Transition, and by the President of the Congress.

Article 167

In order to respect the constitutional prescription, the President of the Republic, within a time period of 12 months counting from his investiture, invites the competent Instances to designate the members who will compose the High Court of Justice in order to proceed from the expiration of that time period to the installation of the High Court of Justice. Any party justifying an interest may refer the matter to the competent institutions by demand for sanction in the case of deficiency.

As for that which concerns the President of the Republic, exceptionally, the competent Instance is the High Constitutional Court which will be authorized to take the sanctions that might have been taken by the High Court of Justice if it were installed.

Article 168

Within the framework of the process of national reconciliation, a Council of the Malagasy Fampihavanana whose composition, attributions, and modalities of functioning are determined by the law, is instituted.